Hey everyone!
Yesterday, while cycling to the train station (not commute), I was hit by a car. I sustained a few bruises, no major injuries. I fixed my fallen chain on bicycle before the cops came. After questioning and taking information, they asked if I need to go to hospital, to which I said no.
I was riding in a bicycle lane on the left side of the road, and a car was pulling up to a parking place left of me. The car had stopped, so I kept going on the road, but while I was passing, the car started moving again and hit me in the pedal (police confirmed a dent from the right pedal in the front left corner of the car).
The guy left me his contact information. The police left after taking pictures, making a drawing of the scene of accident. I went away on my own.
I am in Japan as temporary resident, studying at university of Kochi.
I am 100% not at fault. How does the process of claiming settlement work? When I declined the ambulance on the spot, did I lose my opportunity on getting a health check paid for? If I wanted money for bike repair, do I first need to go to the shop, pay for it and then get it reimbursed from him?
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Thanks in advance for any help.
7 comments
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Contact a lawyer about your options. They will probably want a copy of the police report. It also wouldn’t hurt if you went to a doctor to make sure you don’t have a concussion or any hidden internal injuries.
Doesn’t sound like you are 100% in the right, since you overtook on the inside. Were the cars indicators going?
>I am 100% not at fault. How does the process of claiming settlement work?
If your bicycle is damaged take it to a cycle shop and get a repair estimate then contact the driver’s insurance. Expect the offer to be significantly less than 100% unless you were smart and got insurance.
>When I declined the ambulance on the spot, did I lose my opportunity on getting a health check paid for?
If you were injured go to the doctor. Keep receipts. Contact the insurance company.
>If I wanted money for bike repair, do I first need to go to the shop, pay for it and then get it reimbursed from him?
You’ll go to the shop and get an estimate. Then contact their insurance company. Then negotiate a settlement. Be aware that “criminal” fault and “civil” fault here are significantly different than where you might be from. The good news is bicycles tend to be given more leeway (which is why they ride like accident proof idiots) than cars in terms of fault. You’ll probably need to settle for 90/10 in terms of what the driver’s insurance will be willing to pay out, minus the 10% they’ll expect you to pay for the driver’s car repairs. Get a copy of the police report. If they give you problems (I would expect them to if you don’t have an insurance company to go to bat for you) contact a lawyer.
In the future, it is better to pass on the right as you are more visible.
Having said that though, it is still unequivocally his fault for hitting you. Riding an ambulance isn’t necessary for a claim, you could go to a clinic later and request compensation for that. As for your bike, you can get an estimate and then contact that guy directly, or if he gave you insurance info, you can contact his insurance company. Ideally if he isn’t disputing who’s at fault, he should pay for your bike. To any insurance company, no injury and no medical compensation is a blessing.
>I am 100% not at fault.
So people are unlikely to tell you this BUT you’re not 100% in the fault and the car drivers insurance company is going to make that very very clear to you should you go after any settlement.
Bicycles are legally treated as road going vehicles in Japan and are legally required to follow the same road laws as cars. Having your own lane doesn’t give you right of way it just gives you, well, a lane only for bicycles.
Overtaking on the left is illegal in Japan. Which, when the car infront of you stopped to turn left and you proceeded forward, you tried overtaking on the left. It is the duty of the vehicle behind to provide a safe enough distance and to do everything in their power to avoid an accident. Which, you failed to do.
Now, bicycles are given special leeway in certain circumstances since Japanese law generally favours the weaker mode of transport on the road (read: pedestrians or bicycles). However, that really only applies to criminal cases as opposed to civil (which is what this would be since there were no injuries)
Is the car driver also at fault? Yes, absolutely. But their fault is not proceeding with due caution and not operating a vehicle safely. Unfortunately, that’s about it.
The police on the scene are not there to determine fault. They are there to gather information and evidence should it ever need to go to the courts.
So, TLDR; if you go after their insurance, expect to end up paying roughly (30/70) for the accident. OR, if the insurance companies are especially vindictive, you may end up paying half (I doubt it though)
Contact your insurance company and let them handle it. You do have bicycle insurance right? If you’re in most major cities it is mandatory. If you don’t, then you’ll have to negotiate with the guy and his insurance yourself.
> I am 100% not at fault.
That’s not how it works, usually. You can reasonably expect 70-30 since you passed on the inside.
> When I declined the ambulance on the spot, did I lose my opportunity on getting a health check paid for?
No, you can go later with no issues. Many soft tissue injuries can take several days (or longer) to show up.
> If I wanted money for bike repair, do I first need to go to the shop, pay for it and then get it reimbursed from him?
No, you can just get an estimate. You also don’t have to get the repair done at the shop, you can do it yourself and pocket the difference.
You can also claim for any damaged clothing, shoes, contents of your bag, etc.
It’s important to note that the depreciation on a bicycle is two years. If that bicycle is more than two years old, it has fully depreciated and has no value at all.